RAJESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner-accused, Rejesh Kumar, has filed this petition under Section 439(1) of the Code of Criminal Procedure for grant of regular bail in FIR No. 353 dated 6.12.2009 registered under Sections 304-B and 498-A read with Section 34 IPC in Police Station, Sadar Thanesar, District Kurukshetra. He has contended therein that no such offence is made out from the bare reading of the FIR. Merely demand of ` 5000/-/10,000/- does not amount to demand of dowry and ingredients of Section 304-B IPC are not made out. THE deceased herself made a statement before the doctor in Nagpal Nursing and Maternity Home that she received the burn injuries while cooking food and the petitioner was not present in the house at that time. All other coaccused have already been granted bail by this Court.

(2.) I have heard learned counsel for both the sides. It has been submitted by counsel for the petitioner that as per the allegations made in the FIR, the present petitioner and his other relatives poured the kerosene oil on Raj Rani-deceased and set her on fire and that the other co-accused have already been allowed the benefit of anticipatory bail by this Court and, as such, the relief of regular bail cannot be refused to the petitioner, who is similarly situated. He also submitted that the deceased herself made a statement before the doctor that she received burn injuries while cooking food and at that time her husband was not present. In support of that submission he has placed on record the copy of the document prepared by the doctor of Nagpal Nursing and Maternity Home.

(3.) THE police file was produced and perused. A perusal of the Medico Legal Report prepared by the doctor of Nagpal Nursing and Maternity Home, shows that extensive burn injuries were found on the whoel body of the deceased and kerosene smell was emitting therefrom; which supports the version put forth by the complainant that she was set on fire after kerosene oil was poured upon her. THEre was no question of presence of burn injuries on the back side of the body, in case the same were received while cooking the food. THE document which has been placed on the record by the petitioner itself shows that he was present when that document was prepared. It is also pertinent to note that the same doctor, just after 1 hour and 15 minutes, when he was approached by the police, declared the deceased unfit to make her statement. When the statement of the doctor was recorded in the trial court, he stated that he advised the attendants of the deceased to remove her to PGI as her condition was serious, even then she was not removed from that hospital and she died there at 2.35 p.m.